Gugloth Biku - J KK 59

8/11/2019 Gugloth Biku - J KK 59

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CASE BRIEF (code: J KK 59)

1) FACTS -

Gugloth Biku, 50 years of Age (Widow), unable to possess Patta because of family

dispute. She belongs to Tribal community ( Lambada ) lives in Vastram Thanda , Mondrai

Village of Kodukandla Mandal, Warangal District. She is blessed with three sons and they all got

married.

Gugloth Biku’s Thanda is two kms away from the Mondrai Village. She is Illiterate but

she has Job card and also a beneficiary of MNREGA scheme. She is the leader of self-help

groups in her village and also got loans from the local bank. Everything was pretty normal until2000, where her Husband sudden demise made her colossal Lose to her and family. After her

husband demise, the land dispute started, where her brother in law, claims Gugloth Biku’s

property ( 20 guntas ) as part of the family property and asking for rightful share in it.

The total family land is 5.05 guntas, in three different survey numbers. Before the year

2000, her husband bought 20 guntas of land, in a different survey number from his own pocket.

But after her husband’s death, her brother in law harassing her and stopping the revenue officials

to issue Pattadhar Pass Book / Title Deed to G. Biku. To solve the dispute, G.Biku Organised

Village Level Gentlemen’s Meeting ( panchayati, in other terms) by spending Rs . 10,000. The

decision was in favour of G.Biku but, her Brother in law is still harassing her.

G.Biku have little knowledge about Revenue procedure like knowing about pahani,

Naksha , 1B register. She been meetin VRO/ MRO since 13 years but there is no solution.

Currently she a ward member of Vastram Thanda. She also paid bribe of Rs. 500 /- to VRO for

the issue of those Documents, but no progress.



2) CORE PROBLEM –

VRO/MRO not issuing Documents like PPB/TD to G.Biku, for 20 gunta’s which was bought by

her husband. Objections from her Brother in Law causing the delay.

Also, Frequent transfers of VRO, negligence by MRO and the officials lacking knowledge on

thse kind of situations causing delay.

3) DOCUMENTS TO BE EXAMINED –

To decide the case, there are certain documents to be examined to build evidence to proof that the 20

guntas belongs to G.biku’s Husband, and not joint family property.

Things to know before further enquiry:

a.

Who was the earliar owner of the 20 guntas , which was purchased by G.Biku’s Husband ?

b.

Apart from the bank loan, what all other documentary evidence she got with respect to 20

guntas ?

c. Whose name is present in village level grama panchayat records?

d. Right now, who has the possession of those 20 guntas ?

4) Act APPLICABLE –

The A.P. Rights in Land and Pattadar Pass Books Act 1971

The Andhra Pradesh Rights in Land and pattadar Pass Books Rules, 1989.

5) My Opinion -

In this case , firstly we need to establish that 20 guntas which was bought by G.Biku’s Husband

is from joint family financial aide or by his own pocket. In order , to clear the air, we can see the

relevant documents which are present with G.Biku. we can look upon the sale deed transactions

between the seller and buyer, revised register to check the name of those 20 guntas, further to

confirm the owner of the 20 guntas. Source of income also need to consider to establish the



claims of G.Biku, that , the land which was bought by her Husband actually belongs to her and

not a joint property.

After, establishing the nature of property, a partition suit is applied for division of

property and divide equally as per law. I suggest a Preliminary enquiry has to be done by the mro

to check whether biku’s husband :

1. Actually bought the land by his own pocket or used the joint family money to buy 20

guntas of land.

2.If, wife says that, she sold her property like gold to buy the land , then do u have any

evidence that actually u have sell the gold or not ? Any document in this regard?

3. Important question must be done by the mro is --- what is source of income of her

husband to buy the land. Do biku have any land documents pertaining to the land ? like buyer or

seller information.



ANNEXURE –

A. Pattadar Pass Books and Title Deeds:-

1. Every owner pattadar, Mortgagee or tenant to apply to Tahsildar for issue of Pass Book and

Title Deed (Refer Section 6-A).

2. Tahsildar may also suo-motu issue Pass Book after following the Procedure (Refer Proviso to

Section 6-A).

3. To be prepared taking a village as one Unit. (Refer Rule 26(1)).4. Title deeds to be prepared only in respect of Pattadar Owners Shall have same evidentiary

value with regard to title for creation of equitable mortgage under Transfer of Property Act 1882,

as a registered Document. (Refer Rule 26(2))

5. Title deed shall be in Form XIV-A (Refer Rule 26(4)

6.Pattadar Pass Books to be given to owner Pattadar, tenant, mortgagee and occupants of Inam

lands.

7. Entries in Pass Book to be treated as sufficient evidence to grant loans, without production ofcopies of village revenue records (Refer Rule 26(3)).

2. Formats of Passbook:-

(i) Pattadar owners - Form XIV-B.

(ii) Tenants and mortgagees - Form XIV-C.

(iii) Occupants of Inam Lands - Form XIV-D. (Refer Rule 26(4))

· Pattadar Pass books to be printed in four parts

· Owner pattadars who do not cultivate land to get part I and IV

· Owner pattadars who cultivate land to get part I &II

· Tenants and Mortgagees to get part III

· Title deeds and Pass Books to be issued in Telugu



· Every entry therein to be presumed to be correct unless the contrary is proved (Refer Section 6)

· Title deed establishes ownership of Pattadar Owner

· Pass Book to be record of title of an Owner and rights and interests of others (Refer Rule 26(5))

· Title deed or Pass Book to be given only to those who are in actual possession of land (Refer

Rule 26(6))

· Pass Books and Title deeds to contain other required information like loans, mortgages etc, as

prescribed by Commissioner (Refer Rule 26(8)).

-Every person to furnish four copies of his/her photo for identification.

(i) One to be affixed on Pass Book

(ii) One to be affixed on title deed

(iii) One to be pasted in Form 1-B

(iv) One to be filed.

(v) Photograph to be attested and sealed by Tahsildar.

(vi) RDO to attest and seal front page of Title deed besides embossing photo on right corner

(Refer Rule 26(9))

(vii) Acknowledgement for receipt of title deeds /pass books to be taken in Form XVII (Refer

Rule 26(10))

(viii) Xerox copy of FMB /Tippan to be attached to Title deed/Pass Book for identification of

land. (Refer Rule 26(11))

(ix) Rate of Pass Book/Title Deed Rs. 15/- per set (Refer Rule 26(12)).

(x) Ryots to produce Pass Books/Title Deeds before Tahsildar periodically for updating entries

(Refer Rule 26(13))

(xi) Loss of Pass Book /Title deed to be noted in Form 1-B.

(xii) Concerned person to notify loss to the Tahsildar, Police and Credit agencies.

(xiii) RDO to issue duplicate copy of Title deed on payment of Rs. 1000/- after obtaining

permission from Collector.

(xiv) Tahsildar to issue duplicate copy of PPB

(xv) In case of mutilated Pass Book /Title Deed fee payable is Rs. 100/-

3. Rectification of Entries in ROR:-

· Person affected to submit application within one year to Tahsildar for rectification



· Tahsildar also on his own accord to initiate proceeding for correction (Refer Section 3(3) and

Rule 15)

· Tahsildar to hold enquiry giving opportunity to all concerned, by issue of notice in form -V

(Refer Rule 16)

· On completion of enquiry Tahsildar to give his decision and direct rectification (Refer Rule

17(2))

· Tahsildar to dispose of all application for rectification within sixty days (Refer Rule 17(3)).

4. Maintenance of Record of Rights:-

· Includes correction of entries as per rule 17 and incorporation of all mutations as per Section 5

(Refer Rule 18(1)).

· Intimation of acquisition of rights to be made to Tahsildar within ninety days in Form VI-A.

(Refer section 4(1) and Rule 18(2)).

· Acknowledgement to the individual to be in Form VI(C).

· Registering Officer to intimate to Tahsildar all transactions in land in Form VI-B within a

week. (Refer Section 4(2) and Rule 18(2)).

· Register of intimations and the orders passed thereon to be maintained in Form VII (Refer Rule

18(3) (a)).

· Tahsildar to give opportunity to the concerned before passing orders (Refer to proviso to

Section 5(1)).

· Before carrying out any amendment, Tahsildar to issue notice to persons affected and after

making enquiry to pass orders.

· Notice to be in Form VIII (Refer Section 5(3)).

· Orders on all intimations to be passed within six months

· Appeal lies to RDO, on Tahsildars orders within sixty days (Refer Section 5 (5)) (Rule 21 (1)).

· Tahsildar empowered to correct clerical errors in Pass Books (Refer Section 5(6)).